Piersall v. Huber Manufacturing Co.

Opinion of the Court by

Judge Carroll

Affirming.

In 1906 the appellant, who will hereafter be styled the plaintiff, brought a suit in equity against the appellee, hereafter called the defendant, stating her cause of action in two paragraphs.

In the first paragraph it was averred that in July, 1906, the defendant sold and delivered to the plaintiff an 18 horse-power traction engine, and warranted the same to be well-constructed and with proper use and management to be capable of doing well the work for *339which the same was sold, namely, to furnish the power necessary to run and operate a thresher…